-- a shell. gainesville has a hard freeze morning. temperatures mid-50s and only 48 at new smyrna. you have not been able to warn up along the beaches of downtown orlando big number is a temperature, 38 at 6 am, wind chill into the 40s and 30s before we head to midnight. things cool down. we do not have blanket of clouds as this morning that kept us warmer. 38 orlando, 32 deland, your first freeze nearby including 27 in ocala. dropping temperatures tonight. in the past 30 minutes orlando police chief revealing information about what led to a deadly competition between the suspect and 2 officers but investigators are the officers opened fire when a suspect would not the down his weapon. >> working the story since it broke during eyewitness news at 10:00 and 11:00. channel nines jeff deal spent time at the complex what

the police chief said the suspects father called them because he was concerned. >> reporter: apparently he was worried about them and could not get a hold of them but we understand police got a hold of him and he said he was doing okay. officers came to an apartment or condo complex to check on him and that is when they found him armed with a gun. >> inside the courtney landing condos after 7:00 last night, shots rang out. >> when you hear that can -- that many gunshots sounds like one -- war. >> a suspicious incidents call open fire shooting, killing 20- year-old eric provost. awareness picked up his phone and captured video of officers pulling them out of the condo. >> he fell down the stairs. the cops came to him and touched him and he was gone.

and officers only fired after he refused to put his gun down. last week we showed you orange county deputies arrested him after they say he stole more than $80,000 in cash from an unlocked bank of america atm. an armored car dropped off the cash but apparently forgot to lock the atm. a few hours later, deputies believe provost used the machine and realized it was left open and returned with a hood covering his face to steal the cash. no one answered when we knocked at the condo last week. police they this incident has nothing to do with the case. -- police say this incident has nothing to do with the case. >> reporter: the arrest last record but police department while ago. tina cruz is with the saunders with the department for 5 years. they are both on paid leave now. that standard in officer- involved shooting's , jeff deal, channel 9

today orlando state senator called fellow state lawmakers to pass a bill making it mandatory for law enforcement agencies to bring and fdle to investigate officer- involved shooting's and use of force incidents. it is up to the discretion of the agency and new ireland -- orlando police it made it mandatory that all officer- involved shooting's would be investigated by the states this past december. thompson held a conference today emphasizing why it was important that agencies to this pip thompson says the state would be called in to conduct a thorough and impartial investigation , you are investigating the people that you go out to dinner with and you go and have drinks and socialize with. the questions are is it fair >> thompson says agencies are report use of force incidents to fdle. power bill must survive for different committees to reach a floor vote house fire is under practically across the street

you first saw this image if you are watching eyewitness news this morning in orange county, it was video of it today. in the last few hours channel nines karla ray looked into another house fire. how bad is the damage this time? >> reporter: this one is across the street as you mentioned from the other fire. look behind me you can see half of the trailer is burnt to a crisp and to the left of all of that damage, you can see there is a fire extinguisher. we are told the man inside the trailer try to put out the flames himself but he ended up having to go to the hospital. 2 men woke up to flames in different trailers less than .2 miles apart. they are both without a place to sleep tonight. >> she said there's a fire exit call 911. i was out the door. we told you about a trailer that went off -- up in flames this morning. neighbors were worried orange

other homes. >> trees were going up and what we were concerned worth about under trailers. >> in orlando, fires jurisdiction, we watched a man being wheeled into an ambulance after this trailer somehow caught fire. >> i fell asleep and woke up and saw his trailer was on fire. he attempted to put it out. he failed to do so due to the size of the fire. >> the home was involved before fire crews got on the scene which sits at the back of the marina with no the structures nearby. >> they go up quickly big square footage a small. and they are primarily wood frame construction. and that has a tendency to ignite rapidly. >> reporter: within the last 2 hours, we were here as an arson investigator came to the scene investigation as a suspicious fire and if it could be related

working on that for eyewitness news at 5 mac live in although, karla ray, channel 9 eyewitness news -- 2 more pictures of the house fire go to wftv.com slash slideshows. this afternoon medical examiner's office in lake county is working to identify remains found in the backyard of a man missing in paisley. deputies began searching his property with cadaver dogs after well-being check's revealed dennis jones was not home and neighbors had not seen him for at least one month. the dog alerted human remains found buried in the backyard it never say a woman and her children had been living in the home with jones. is this afternoon we are working for orange county deputies to release videos -- pictures of a man whose they say robbed a chase bank. you are watching eyewitness news at noon you saw deputies say deputies say a man walked into chase bank and handed the teller a note demanding money. the teller complied and the

postponed because you a supreme court ruled death penalty process is unconstitutional. at noon channel 9 kathi belich reported of the delay in the trial until july and was in court today when the judge's decision got a sudden reaction out of the victim's family. >> i would try this case in august. the outburst less to a warning from orange county circuit judge that 16-year-old alexandria's chary's relative state quite get the victim's mother rosalie walked out quietly. >> after court, the state try to calm the family's emotions. prosecutors asked that the marchers trial be pushed back one month to get lawmakers time to adjust to the state death penalty law in response to the u.s. open court ruling last week that juries not judges should make the final decision. investigators say st. simone

death in her room in july 2014. and he dumped her body in the woods miles away. today, judge roche put on his trial -- off the trial to late july allowing time for debate after the legislative session. >> we are confident the legislator will take the necessary steps to amend the statute and to be in line with the u.s. open court ruling last week. >> reporter: the defense team try to prevent the delay. >> our position is that the soul sentence that he conveys his life and we really ready to proceed at trial as it being alive case. >> reporter: the battle over the death penalty in the case is just beginning. hearings expected to start in may over whatever the state does and how it is interpreted with respect to the highest court's ruling. deputies are saying there is no reason to worry about a killer on the run following a deadly shooting that frightened orange county families but it

around 251 field sutton has been asking deputies. they say they do not believe this was a random attack. >> reporter: targeted is the word that they have used working to find out what the motive might be here. in the last couple of minutes we watched a big group gather behind his house. they are watching a couple of houses down. most people are friends and family and they are basically waiting for the body to be removed from the home possibly that is the moment all of this will become real for many people gathered tonight. many are worried. as soon as the gun went off a crowd started growing on the sidewalk along west moreland a crowd started growing on the sidewalk along w. moreland dr. >> i'm going through stresses -- stressful season myself. i'm happy i'm not dead. >> reporter: he was one of the few people who would talk on camera picked everyone else said they were worried they would be next killed, revenge for speaking against violence on television. >> alabama that window and i saw the tape and was wondering

i looked out the back window and saw the yellow tape. i thought someone was in trouble. that's normal around here. >> the victim shot and killed inside this home is a black man in his late -- mid-to-late 20s be deputy say witnesses saw a man run out of the house after the shooting and get in a new, white, four-door buick the sheriff's office knows there are problems in the orlando area. >> we have been as you know with the numbered streets, there have been problems in the past. we know we are doing extra patrols through the here are trying to make sure things stay calm. >> reporter: neighbors say they hope next time that will be enough. >> when people put themselves in positions for these things to happen, you have people who don't care to stop it. >> reporter: i just spoke with a close family friend of the victim and she said she came out here today because she knows this kind of pain too well. i will have a story tonight at 5. in orange county, field sutton, channel 9 eyewitness news.

perspective on this, store. >> you probably had about issues with the weather radios that many depend on during severe weather. >> coming up we finally got answers from the national weather service on what caused them to go down and ask what is being done to prevent this from happening in the future. winds will make it feel like jacket weather for some. an update when we start to warm up again. investigators back at an all citrus plant that caught fire. the response when we asked what caused a dangerous fire. seminole county's new rules and to protect you from things

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following breaking news now in orange county orange county chap's office says amanda shot at the cisco station on pine hills rd. this is a live look at evans high school in that area.

was hit was actually an innocent bystander when the gun shops were fired. in terms of the school it was locked down, lockdown has been lifted. no one hurt on campus. we are staying on top of this with skywitness 9 and a crew is on the way. we will bring you the latest here on eyewitness news at 4 seminole county residents said they do not want to follow the new rules and to protect people from bayer spirit these residents -- bears. i-4, state road 434. tim barber is live near there now. residents claim they do not have a problem in the neighborhood. >> reporter: some say they have never seen a bear in the decades they've lived there. most encounters happening on the other side of i-4, the west side of i-4. they also say this massive wall that runs along i- 4 is enough to keep them out. ellis more has lived in more

raising his kids here and during that time he has never seen a bear. >> if we had a problem, find it i would go along with it but we don't have a problem and never had a problem . >> reporter: forces neighborhood is in seminole county bear management area. one note a few committees each of i-4. county leaders say the residents have to follow the rules that limit when people get takeout trash or forces them to buy bear proof trash cans. if not they can get fined $100 per day. the ordinance affects committees to the south and ultima springs leaders say certified meteorologist brian shields for proof trash cans are too large for trucks so they will have to spend $30,000 to retrofit them. in the last 3 years, seminole county has had nearly 3000 calls about bear -- bears getting into porches and yards including 3 attacks west of i- 4. a petition was passed on to get the county to move the boundary from his neighborhood back to i-4. so far, it has

>> everybody that i went to scientific one lady did not understand english and thought i was selling her a garbage can. >> the new ordinance takes effect next month. reached out to the county for comment but so far we have not heard back. if we do, we will let you know what they said. reporting live in seminole county tonight, tim barber, channel 9 eyewitness news. many of our facebook fans are speaking out about the story now. join the conversation by going to facebook.com slash wftv. certified meteorologist brian shields reprove trash cans can force the city to spend thousands to collect trash. the cans like these in seminole county last year are too big for the trucks. so in 3 hours from now they are expected to vote on whether to spend $30,000 to change 5 garbage trucks to accommodate these new bear proof trash cans if you own a drone of florida you may be liable if it causes damage.

liable due to any operator negligence. if approved some think it could put a halt to the growing drone industry in florida. the bill is the latest of many regulations proposed for drones including at the federal level. was historic day at daytona international as the final seat was a star. the stadium featuring more than 10 1000 seats. this marks the final upgrade made in the $400 million project that has been in the works since july that has been in the works since july 2013. call temperatures across central florida have our amenities looking for warm waters in volusia county. this is a live look of the manatees at the state park. they are gathered together. they count more than 250 as of yesterday arriving to whether the cold snap in the warm springs. they are sticking closely for one of the coldest day so far this year like people they like

it is called. we have been in the 90s and 80s forever. >> refreshing. -- clouds which into the south leading to sunshine. 56 downtown holding at 48 at new smyrna, 52 in titusville gusty winds hit this will work in our favor against us giving us a windchill factor but a lot of breeze keeping heat stirred up. despite that we will not have ideal conditions for getting the coldest as we possibly can with this environment but it is going to be colder without the cloud deck overhead. temperatures ultima springs the mall air castleberry upper 30s. wind chills is what it will feel like tonight into the 30s. talking much more about other neighborhoods in the windchill factors over the next couple of hours for tonight.

breeze pushing clouds to the south into revolution lake county first time you've been under an official freeze warning to the north. make sure your pants -- pets and plants are protected for tonight and a good idea to check on the elderly. make sure their heaters are working properly. 35 in clermont, 34 mount dora, 35 leesburg with the winds above tonight not quite as cold but a light breeze for bush know and the villages on a hard freeze. 27 or colder for ocala on the edge of verifying that but it will be called from low 30s palm coast to apopka zellwood mount plymouth all the way to the north and a freeze zone 3738 orlando and elsewhere. orlando tomorrow warming up. how about 63. 7 degrees cooler than average. mid 60s for tomorrow.

five-day forecast, where the weekend is always in view . coming up in the next half-hour more on the big 70. 7 percent chance for rain and possible student -- a few storms to end the week and another cold front for the weekend. martha? florida lawmakers are considering a potentially expensive new program. what it promises to pay for, please -- teachers promise to stay in the state classroom spirit a repair man at the citrus packing plant that burned to the ground last week. what they are doing to make sure businesses near the building are safe. speaking of fires in lake county, we look at an effort to build a fire station there. renovating of the existing stations is top priority.

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>> the lake county citrus sales packing plane -- plant went up in flames over the weekend but no confirmed the cause of the fire yet. investigators tell channel 9 today that nothing jumped out as the reason the abandoned facility would have burned. parts of the property have been disconnected from power. an office on the property still had electricity. lineman working to replace burned cables today. it is unclear whether electricity could have contributed to the blaze. the owner of the property says the buildings were being taken down slowly before the fire. neighbors have long considered the property an eyesore. a 2nd company lake sumter fuel is still being run out of the land. the property code enforcement issues before the fire and now there is no word when the tangle of metal and burned board will be removed i asked the fire marshal how long he thought it would take to make a determination on the cause of this fire.

reporting in lake county, steve barrett, channel 9 eyewitness news. the nation's highest court is agreed to hear a case that allows 5 million undocumented immigrants to stay in the u.s. legally. >> ahead at 4, why the white house says the proposal will pass. crews will have to shut down 1792 for more roadwork. i will break down the beach or you will need. >> many reaching out to us after weather radios went down during the weekends of severe storms.

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view called us when you weather radios went down during this past weekend severe storms. >> protects my family and let's me know if there is an emergency. >> we finally have answers from the national weather service as

>> it's a critical time for the tornado event. >> national weather service described the problem as a technical glitch that they have never seen at the orlando transmitter site before. >> the problem was not with the national weather service transmitter but a phone circuit maintained by someone else. >> the problem is fixed but the national weather service tells melonie holt today that technical problems happen. you had an issue trying to track the nature of the problem. >> reporter: both at&t and the national weather service told us the issue this weekend was with a phone circuit owned by verizon and serviced by at&t. this afternoon, verizon tells me it did not have record for sunday's outage. >> after a weekend of severe weather brought tornadoes the central florida, >> to florida. >> we revisited the national weather service to find out why radios tuned into the orlando noaa radio broadcast felt site. in this case the issue was not a transmitter, had it been

on-site. there are back -- back up transmitters in all 4 sites. we are told there was a hardware issue with the communication line that supports of the transmitter. i contacted verizon for details on that but they had no record of the outage. fred johnson meteorologist in charge of the weather -- what is often -- forecast office, he says you need to have more than one source for information. >> using mobile services, radio, television internet. you can use all of those sources to get your information and to have planned. >> reporter: each of the central florida transmitter sites is able to relay a message back here at the signal is no longer transmitting. that happened this weekend. >> it was a brief time and this period where it was off-line but a critical time for the tornado events. if we would've had one at that time. >> reporter: fortunately central florida did not. and the line has since been

be an hour current el nio pattern through april 2016. national weather service tells me in 1998 we have particularly strong el nio and back then in central florida we saw 42 deaths and 260 injuries. they want to make sure everyone has the formation they need this time around. live in melbourne, melonie holt, channel 9 eyewitness news. developing in the last hour orlando police chief release more information about what led to a deadly officer- involved shooting last night. the chief says when officers got there the situation escalated and the men refused to drop his weather which turned out to be an air soft gun. >> he did not comply with the commands and that is when the officers fired upon the subject he was later pronounced dead. >> reporter: he said even though the suspect was arrested for an atm theft, that was not why his officers were checking on him last night. the man's father had called

being. officers are on paid leave. we have a team of reporters working to get more in the shooting and reviewing what else the chief had to say and we will have updates live at 5. if you think that is being cold, get ready. temperatures will only drop further as we head into the evening. search meteorologist tom terry. all of the wind we've had has not helped much. >> the tempter is what it is but the cold is going to be amplified by the breeze that is going on now. 54 in sanford, 56 so far today in orlando. northwind is gustier along the east coast factor it in an you have to get into the 40s to officially calculate the wind till by 7:00 tonight, feels like the low to mid 40s and dropping from there. when i join you at 11:00, we will have wind till in the 30s across parts of the area. that's how cold it will feel. actual lows getting down to the upper 30s on the thermometer through orlando but a large

updating this county by county coming up. great temperatures will be cold enough that the coalition for the homeless of central florida will open doors to anyone who needs shelter regardless of space. people can seek shelter at the main downtown campus w. central blvd. and women's residence on counseling center on e. hillcrest st. there are other places of people can find shelter tonight as well across central florida. the orlando union rescue mission will offer emergency shelter for anyone men tonight. and volusia county, halifax urban ministries in daytona beach, ormonde beach and port convicted murderer mistakenly released from in orange county jail and rearrested 2 days later has appeal. kenneth ready released from jail on christmas day and his case qualified for resected thesis he was sent is a life as a teenager but officials announced they miscalculated

was rearrested now there's a difference of opinion on how much he has served. attorney says he will continue appealing the issue. no sign of a missing matlen man with asperger spirit we told you yesterday that this man 23-year-old john noss vanished from his home in the middle of the night saturday but his family thinks he may have bought a bus ticket to philadelphia. his family used to live there. one day after the country celebrated doctor martin luther king jr., his son was in tallahassee fighting to keep the state program that pays for low income children or those with disabilities to go to private school. in 2014, the florida teachers union filed a lawsuit to and the school voucher program but martin luther king the 3rd claims that would be a bad idea. >> i believe we are moving forward and not backward. if the scholarships were lost, that was seen to me to move backward. >> the florida education association says the school

away from traditional public schools and they have no plans to drop the lawsuit. 70,000 children are using the scholarships here in the state of florida. was the issue of immigration has reached the u.s. one in court today. the justice has agreed to review president barack obama's executive action to gave 5 million undocumented immigrants a break on their status. >> george estevez has been following this case. this will affect parents of children who have since been born in the united states. >> reporter: that is the thinking because parents came to the country decades ago for a better life but they did it illegally. and now the justice has said they will look at both sides of the argument. >> today the justices agreed to hear case the challenges president obama's executive actions to shield millions from deportation. so far 26 states including florida signed onto a lawsuit accusing the president of ignoring federal law at issue is the first action for pairs of americans program. obama said in lake 2014 would

the u.s. more than 5 years and who have children who are in the country legally to come out of the shadows and get right with the law. today the white house said it is confident actions are legal. >> consistent with the president established by other presidents and within the confines of his authority as president of the u.s. >> federal court side of the states against the plan to keep the government from issuing work permits and allowing immigrants to begin receiving federal benefits. republicans against the plainfield the president is overreaching. >> president obama is asserting and unlimited authority to admit illegal aliens to refuse to enforce the law. >> a dozen states including washington state and massachusetts filed a court brief in support for the president immigration actions. the case will be decided by the justices by late june. martha? following breaking news in orange county big sheriff's office says a man was shot at a

kathi belich arrived on scene. kathy, nearby schools were placed on lockdown. >> reporter: that is right. we are north of silverstar road. if you see the white truck with the door open underneath the overhang at the gas station, and eyewitness tells us the victim was actually in the truck pulling up to get gas and in his opinion when he says he probably got caught in the crossfire. the eyewitness says he heard 2 different types of firearms firing. 15 shots according to have it he says the victim was hit about 3 times and that victim is now at ormc getting treatment but the sheriff's office says there are no life- threatening injuries pick they are still try to sort this out and the eyewitness tells us he was just bark in front of the truck. -- parked in front of the truck. eyewitness says he saw a group of kids and a dark-colored car take off from the scene but that is all he knows. detectives are trying to sort it out and we will bring you the latest once we get more

live in orange county, kathi belich, channel 9 eyewitness news. also this afternoon of road project in winter park will have drivers scrambling for a detour. state transportation officials need to shut down a portion of 1792 on thursday. the nation room mapped out the detours for thousands of folks who dry through maitland and winter park. >> reporter: workers have been working alone 7092 but soon they will have to shut it down to replace concrete with darker colored asphalt. it will be inconvenient for drivers. 79 to get chris where he needs to go quickly. but soon, he will have to opt for i-4. >> i love i 4 pick it's a challenge. >> he's taking the optimistic route, drivers will need to find an alternate route thursday. crews will close all southbound lanes of 1792 from lake avenue to be road until monday. the stretch normally takes the drivers a few minutes but detours good at 10-20 minutes

i will have to figure out how to go around it. i don't know why they could not do it at night but maybe that a good reason. >> officials say they have to rip up slabs and replace them with asphalt. drivers still need detours. one takes them from 79 to 2 maitland blvd., i-4, leave road and back to 1792. the other route sends them to eatonville lake avenue to wymore and leave road and back to 7092. does that sound and a hassle? >> yes. i take my chances. >> there will be a 2nd round of southbound closures next weekend for the same reason. >> next week in the road closure will be 3 days instead of 4 pick in orange county, the nation room, channel 9 eyewitness news looking at the detours you will need to log onto wftv.com mapping it out for you. 911 operator under fire for not answering the phone for

>> the personal call she was making that got her into trouble. coldest night since february. updating the forecast coming up. >> florida lawmakers would hand out the box as an incentive for

stock struggling to close. the doubt is up 25 them -- 27 points nasdaq giving up 11 points and nasdaq evening out a gain of one point. >> paying off loans for teachers, get them in the classroom is ago. unions opposing the measure. michael lopardi found out teachers believed the money

>> reporter: teacher incentives include a scholarship called best and brightest which is controversial. the bonus is based on teacher ratings and sat or ect scores unions say it is unfair. >> best and brightest is one of the biggest mistakes they've done in education. does not reward quality teachers. a just reward someone for taking a test and doing well on the test. >> reporter: the loan forgiveness program will benefit science, technology engineering and math teachers who spent 8 consecutive years in the classroom but we asked the teachers union if incentives work. >> that the money could be better spent on salaries in general. we are losing teachers like never before. >> reporter: a representative supports best and brightest and says the state needs to do more to attract quality teachers. >> for perception or otherwise we had less than 10 percent of our most -- best and brightest

considering the profession of education. >> the scholarship is set to hand out about $8200 for qualifying teachers. the proposal would forgive up to $60,000 in student loans. >> it's a great incentive for stem teachers but what about beating teachers or the essay teachers? both of the teachers that are in the trenches everyday working just as hard. we should not emphasize on stem. >> both measures need approval from lawmakers and will get the next big test during a hearing tomorrow. michael lopardi, channel 9 eyewitness news state tried to loan forgiveness programs before but both were dropped about 5 years ago because of funding. roche we want to know what you think about the program. leave a comment on facebook .com/ wftv pickers the florida 911 dispatcher is under fire for missing an emergency call because she was busy ordering lunch. >> she was placing your order for about 8 minutes. the man was having a seizure and an optician's office.

cheese pizza and lunch special. 2 to speeches and a coke. -- to cheese pizzas and a coke. >> the staff at the office called 911 more than once letting the phone rang for several minutes but no one answered. >> first a call from the office and no answer. i called form -- for my cell phone and no answer. others try to call and no one picked up. >> the broward county sheriff's office is the call taker admitted the mistake and was given a written reprimand the patient to have a seizure survived. >> a written reprimand and that is it. a rare show in the sky, 5 major planets lining up tomorrow but you have to get up early to see it. >> for 45 minutes before dawn tomorrow, you will see mercury, venus saturn mars and jupiter lighting -- lining up at the first time in more than 10 years that the planets have lined up together. the plants will be visible

-- planets will be visible before -- until february 20 it is getting colder but folks, this is it. 90+, 100 what was the final tally? 120 times. we are allowed this. 52 daytona. look how much colder we are than yesterday we will drop faster tonight. we don't have clouds. what we do have our gusty winds good winds will die down later but if we keep the breeze it keeps temperatures from plummeting down as cold as they can go. it will be chilly. still only 48 at new smyrna. north breeze. wind chill is an issue. 7:00, 40s will feel like a titusville, 45, 46 orlando. dropping into the 30s pick wind chills in the 30s this morning. the cloud deck kept

we do will not have clouds to help us tomorrow. 35 is what it will feel like at midnight. ocala. that is what it will feel like to us. and to our friends. make sure animals have a warm place to stay. protect plants as well and interior sections where it will get down to below freezing for at least 2 a 3 hours. 5:00, at the top of the hour we will have more on the freeze duration. important for those to the north but from 11-8:00 we are going to freeze warning in effect. 3+ hours to the north drink sensitive vegetation inside. chucked on the elderly. perhaps he does are coming off of the first time since last february. -- check on the elderly. into the morning, 37 liquid point of this, temperatures and kissimmee, 38 for tonight. orlando, 30 degrees. light freeze is possible near apopka. that means we will see areas of frost as well.

they get closer to central florida. five-day forecast, we are going to see warmer temperatures heading toward the next several days including the next one system arriving over central florida on friday. that is going to bring big changes to the end of the week. five-day forecast, where the weekend is always in view, 38 tonight, 66 tomorrow. hitting 71 an average day thursday. friday we will talk more in the next half-hour about the timing of the rain. looks later in the afternoon and a chance for a few thunderstorms and perhaps a stronger cold front, greg. we are raking in the front heading for the weekend. >> someone who loves the east after 108 -- 120+ needs of 90. the plan that victim advocate have to allow victims to face attackers without being in the courtroom. thousands of homes will be

what is buried underneath that has residents concerned for safety. >> the fight between marco rubio and ted cruz moves north

north of the border or below the belt, who advised go back in florida hitting ted cruz for his tax plan. >> cruz place of birth driving the message home. joining us live, chris, a line of attacks started by trump last week. >> reporter: no secret that texas senator ted cruz was born in calgary, canada bit last week donald trump asked it could cruz good legally become president. this week aipac backing marco rubio says the place of birth is not the only thing canadian about cruz.

>> front and center in the middle of the they believe, the insinuation cruz is not just from canada but so are his tax policies. >> conservatives call the scheme a liberal stream. >> reporter: the issue is the value added tax or vat tax the tax paid every time something other. >> reporter: the proposal is not a vat. >> cruz may not want to call it his tax plan. he and rubio sparred over what to call it and what to do over the last debate. this ad by conservative solutions hits cruz thing his vat tax is straight out of calgary. >> ted cruz is wrong on taxes. >> reporter: -- >> a step beyond the birther argument that ted cruz cannot be president because he was born in canada. >> reporter: lyrical and was rick fogle calls the at slate. tying cruz to canada and attacks that is harder on consumers than on business. >> in essence, it is a

like a sales tax that left wing parties do not favor. >> the ad is not from rubio but from his pack conservative solutions but so far they have raised more than $16 million and now is spending some of that money. greg, martha. attack as have officially started. for almost one year students were in filthy classroom sex we found out school board was not making sure the company was doing their job. how they plan to make sure it does not happen again. >> mobile home fires broke out across the street from each other. at 5:00 we are asking if the store orlando police cheap releasing details about a fatal shooting involving his officers he says most people who sign up for health insurance on healthcare.gov to make coverage more affordable, lowering their monthly premiums. many find low premium plans for less than $75 dollars

if you don't sign up, you have to pay a penalty of $695 or more. your last chance to enroll is

this is channel 9 eyewitness news at 5coverage you can count on.

there are two major stories developing at five. first new information on another deadly officer involved shooting, the police chief said his officers were only checking one -- on a man's well-being when he grabbed the weapon and refused to listen. that was disturbing. a bit of cold had grabbed a hold of central florida, we are tracking how far -- your tracking how far temperatures will fall tonight. these warnings in effect for parts of central florida. complaining about the cold weather. we stopped by the lake, plenty of walkers, jungle -- joggers and bikers. bundled up. how long will the temperatures last. >> it will be a few hours to orlando. plenty cold through the area, temperatures mid 50s, 54 orlando, 51 daytona, the coldest night of the season, we